II
118THCONGRESS
1
STSESSION S. 15
To amend title XIX of the Social Security Act and the Public Health Service
Act to improve the reporting of abortion data to the Centers for Disease
Control and Prevention, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY23 (legislative day, JANUARY3), 2023
Ms. E
RNST(for herself, Mr. LANKFORD, Mrs. HYDE-SMITH, Mrs. BLACK-
BURN, Mr. DAINES, Mr. CRUZ, Mr. CRAMER, Mr. HOEVEN, Mr.
H
AWLEY, Mr. COTTON, Mr. SCOTTof Florida, Mr. BRAUN, Mr.
H
AGERTY, Mrs. FISCHER, Mr. VANCE, and Mr. THUNE) introduced the
following bill; which was read twice and referred to the Committee on Fi-
nance
A BILL
To amend title XIX of the Social Security Act and the
Public Health Service Act to improve the reporting of
abortion data to the Centers for Disease Control and
Prevention, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Ensuring Accurate and 4
Complete Abortion Data Reporting Act of 2023’’. 5
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SEC. 2. FINDINGS. 1
Congress finds the following: 2
(1) Reporting abortion data has been voluntary 3
in the past, which has not resulted in complete data 4
being submitted to the Centers for Disease Control 5
and Prevention. 6
(2) While the Centers for Disease Control and 7
Prevention requests specific data points from each 8
State and the District of Columbia, there is a great 9
variety in the information collected and published by 10
the States. 11
(3) In fact, there is not a single abortion data 12
point publicly reported for all 50 States and the Dis-13
trict of Columbia. 14
(4) Even more alarming, 3 States that together 15
account for 15 percent of the United States popu-16
lation of women of childbearing age do not report 17
any abortion data to the Centers for Disease Control 18
and Prevention. 19
(5) Accurate statistical data regarding abortion 20
and those who survive abortion attempts is critical 21
to public health and policy analysis. 22
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SEC. 3. MEDICAID PAYMENTS FOR CERTAIN FAMILY PLAN-1
NING SERVICES AND SUPPLIES CONTINGENT 2
ON SUBMISSION OF ABORTION DATA TO CDC. 3
Section 1903 of the Social Security Act (42 U.S.C. 4
1396b) is amended— 5
(1) in subsection (a)(5), by inserting before ‘‘an 6
amount equal to’’ the following: ‘‘subject to sub-7
section (cc),’’; and 8
(2) by adding at the end the following new sub-9
section: 10
‘‘(cc) A
NNUALREPORTS ONABORTIONDATA.— 11
‘‘(1) I
N GENERAL.—Subject to paragraph (2), 12
as a condition of receiving payment under subsection 13
(a)(5) with respect to any amount expended during 14
a year (beginning with the year following 2 years 15
after the date of the enactment of this subsection) 16
for family planning services and supplies described 17
in section 1905(a)(4)(C) furnished to an individual 18
described in section 1902(ii) or an individual whose 19
medical assistance under this title is limited to such 20
services and supplies furnished pursuant to a waiver 21
granted under section 1115, each State shall, by not 22
later than December 31 of the previous year, submit 23
to the abortion surveillance system of the Centers 24
for Disease Control and Prevention, with respect to 25
the year before the previous year, at least abortion 26
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data regarding the mandatory questions described in 1
section 317V(a)(3)(A) of the Public Health Service 2
Act. 3
‘‘(2) L
ATE SUBMISSION OF REPORTS .—With re-4
spect to a year, in the case of a State that does not 5
submit by December 31 of the previous year the 6
abortion data required under paragraph (1) with re-7
spect to the year before the previous year but sub-8
mits such data by December 31 of the year, such 9
State shall continue to receive payment, including 10
retroactive payment, under subsection (a)(5) with 11
respect to any amount expended during the year for 12
family planning services and supplies described in 13
section 1905(a)(4)(C) furnished to an individual de-14
scribed in such paragraph. 15
‘‘(3) C
ERTIFICATION OF ABORTION DATA .— 16
‘‘(A) I
N GENERAL.—With respect to each 17
submission of abortion data under this sub-18
section, a State shall certify to the Director of 19
the Centers for Disease Control and Prevention 20
that such data is accurate. 21
‘‘(B) F
ALSE INFORMATION .—In the case 22
that the Director of the Centers for Disease 23
Control and Prevention determines that a State 24
has knowingly provided false information with 25
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respect to a submission of abortion data under 1
this subsection, such State may not receive pay-2
ment under subsection (a)(5) with respect to 3
any amount expended during the first full fiscal 4
year following such determination for family 5
planning services and supplies described in sec-6
tion 1905(a)(4)(C) furnished to an individual 7
described in paragraph (1).’’. 8
SEC. 4. COLLECTION OF ABORTION DATA BY CDC. 9
Part B of title III of the Public Health Service Act 10
(42 U.S.C. 243 et seq.) is amended by inserting after sec-11
tion 317V the following: 12
‘‘SEC. 317W. ABORTION DATA. 13
‘‘(a) I
NGENERAL.—The Secretary, acting through 14
the Director of the Centers for Disease Control and Pre-15
vention, shall— 16
‘‘(1) maintain a surveillance system to collect 17
aggregate data in a standardized format on abor-18
tions in the United States; 19
‘‘(2) as part of such system, create a standard 20
worksheet to collect data from States on abortions in 21
the respective States, which— 22
‘‘(A) shall, at a minimum, include ques-23
tions on the variables listed in subsection (b), to 24
be treated as mandatory questions for purposes 25
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of section 1903(cc) of the Social Security Act; 1
and 2
‘‘(B) may include such additional questions 3
on abortion as the Secretary determines to be 4
appropriate, to be treated as voluntary ques-5
tions; 6
‘‘(3) as part of such system, allow for cross-tab-7
ulation of the variables listed in subsection (b), in-8
cluding cross-tabulation of maternal age by gesta-9
tional age; race and ethnicity by gestational age; 10
type of abortion procedure by gestational age; race 11
and ethnicity by maternal age; and race and eth-12
nicity by marital status; and 13
‘‘(4) periodically update the questions in the 14
worksheet under paragraph (2), including the classi-15
fication of such questions as mandatory or vol-16
untary. 17
‘‘(b) V
ARIABLES.—The variables listed in this sub-18
section are the following: 19
‘‘(1) Maternal age in years. 20
‘‘(2) Gestational age in completed weeks at the 21
time of abortion. 22
‘‘(3) Maternal race. 23
‘‘(4) Maternal ethnicity. 24
‘‘(5) Maternal race by ethnicity. 25
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‘‘(6) The abortion method type. 1
‘‘(7) Maternal marital status. 2
‘‘(8) Previous pregnancies of the mother, in-3
cluding the number of previous live births, the num-4
ber of previous induced abortions, and the number 5
of previous spontaneous abortions. 6
‘‘(9) Maternal residence (limited to county and 7
State). 8
‘‘(10) Whether the child survived the abortion. 9
‘‘(c) T
ECHNICALASSISTANCE.—The Secretary shall 10
provide technical assistance to States to facilitate and im-11
prove the reporting of data to the system under subsection 12
(a). 13
‘‘(d) A
NNUALREPORTING.—The Secretary shall— 14
‘‘(1) issue an annual report on abortion, which 15
shall include the data collected pursuant to this sec-16
tion; and 17
‘‘(2) publish such report not later than Decem-18
ber 30 of the third calendar year following the cal-19
endar year covered by the report.’’. 20
Æ
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